Saboot Ka Samaan, Saboot Ka Bhavishya: A Quick Guide to Evidence Act & BSA

### Mastering the Art of Evidence: What Lies Ahead for CUET PG Law Aspirants? The Evidence Act, 1872, and the Indian Evidence (Amendment) Act, 2021 are the backbone of any law student's journey. As you prepare for CUET PG Law, it's essential to grasp the fundamental principles of evidence and how they impact the outcome of a case. In this article, we'll dive into the world of evidence and explore what makes it tick.

The Indian Evidence Act: A Brief Overview

The Indian Evidence Act, 1872, is the primary legislation governing the admissibility of evidence in Indian courts. Section 3 of the Act defines evidence as "any assertion of fact, either affirmative or disaffirmative, made by any person, whether by word of mouth or in writing, which is offered as proof of the matter asserted."

Relevant and Admissible Evidence

According to Section 3 of the Indian Evidence Act, evidence can be classified into two categories: relevant and admissible. Relevant evidence is that which has a tendency to prove or disprove any matter in issue. On the other hand, admissible evidence is that which is relevant and is capable of being proved or disproved.

Section 59: Relevant Evidence

Section 59 of the Indian Evidence Act provides that relevant evidence is that which "relates to the question in dispute or to the point in issue." This section is crucial in determining what constitutes relevant evidence and what does not.

Section 65A: Electronic Evidence

The Indian Evidence (Amendment) Act, 2021 introduced Section 65A, which deals with electronic evidence. According to this section, any information contained in any external device, medium, or record, which is produced by a computer, is admissible as evidence if it satisfies certain conditions.

Landmark Cases: A Glimpse into the Future

In the case of Harishankar Gupta vs. State of Bihar, the Supreme Court held that electronic evidence can be admitted as proof of a fact in issue, provided it satisfies the requirements of Section 65A.

"The best evidence which explains the probability of the case, and which is in the power of the party to produce, must be produced, otherwise the court will not give the required credit to the secondary evidence."

- Section 3 of the Indian Evidence Act defines evidence. - Section 59 deals with relevant evidence. - Section 65A introduces electronic evidence. - Harishankar Gupta vs. State of Bihar is a landmark case on electronic evidence. "The best way to determine the credibility of evidence is to consider its relevance, admissibility, and the circumstances under which it was obtained." - Justice S.B. Majmudar in State of Bihar vs. P.P. Sharma.